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S.J.RES.23 A joint resolution to authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States.
“the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.”
The White House asked Congress on September 12, 2001 “to authorize the use of military force to "deter and pre-empt any future acts of terrorism or aggression against the United States." Congress believed that was too broad an authority and crafted the Resolution to allow for force against Osama bin Laden and al Qaeda by using phrasing in sections of the War Powers Resolution (WPR).
Concerned that force would be used beyond force only against Osama bin Laden and al Qaeda, Congress limited the President under Section 5b of the WPR. That section directed that within sixty days after a report from the President is submitted or is to be submitted the President shall terminate any use of the US Armed Forces. The use of the Forces could continue if Congress has declared war or enacted a law authorizing continued use, has extended the law for 60 days. If Congress is unable to meet due to an armed attack The 60 day extension can be extended for 30 more days if the President certifies in writing to Congress an unavoidable military necessity respecting the safety of the Armed Forces in the process of removing them from the conflict.
The Resolution refers to the reporting requirements of the President requiring him to keep Congress informed so that Congress itself can fulfill its Constitutional responsibilities regarding authorizing the use of the military or committing the county to war.
Sponsor: Senator Thomas A. Daschle (D-SD)
Vote: Passed Senate 98 to 0 (RV 281) September 14, 2001. Passed House by voice vote without objection September 14, 2001. Signed by the President and became Public Law 107-040 on September 18, 2001.
Cost to the taxpayers:
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MORE INFORMATION
THE WAR POWERS RESOLUTION OF 1973
S.J.Res.23
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
Joint Resolution
To authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States.
Whereas, on September 11 , 2001 , acts of treacherous violence were committed against the United States and its citizens; and
Whereas, such acts render it both necessary and appropriate that the United States exercise its rights to self-defense and to protect United States citizens both at home and abroad; and
Whereas, in light of the threat to the national security and foreign policy of the United States posed by these grave acts of violence; and
Whereas, such acts continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States; and
Whereas, the President has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
This joint resolution may be cited as the `Authorization for Use of Military Force'.
(a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11 , 2001 , or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.
(b) War Powers Resolution Requirements-
(1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.
(2) APPLICABILITY OF OTHER REQUIREMENTS- Nothing in this resolution supercedes any requirement of the War Powers Resolution.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
THE WAR POWERS RESOLUTION OF 1973
Public
Law 93-148
93rd Congress, H. J. Res. 542
November 7, 1973
Joint Resolution
Concerning the war powers of Congress and the President.
Resolved by the Senate and the House of Representatives of the United States of
America in Congress assembled,
SHORT TITLE
SECTION 1. This joint resolution may be cited as the "War Powers Resolution".
PURPOSE AND POLICY
SEC. 2. (a) It is the purpose of this joint resolution to fulfill the intent of
the framers of the Constitution of the United States and insure that
the collective judgement of both the Congress and the President will apply to
the introduction of United States Armed Forces into hostilities, or
into situations where imminent involvement in hostilities is clearly indicate
by the circumstances, and to the continued use of such forces in hostilities
or in such situations.
(b) Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof.
(c) The constitutional
powers of the President as Commander-in-Chief to introduce United States Armed
Forces into hostilities, or into situations where imminent involvement in
hostilities is clearly indicated by the circumstances, are exercised only
pursuant to (1) a declaration of war, (2) specific statutory authorization, or
(3) a national emergency created by attack upon the United States, its
territories or possessions, or its armed forces.
CONSULTATION
SEC. 3. The President in every possible instance shall consult with Congress
before introducing United States Armed Forces into hostilities or into
situation where imminent involvement in hostilities is clearly indicated by the
circumstances, and after every such introduction shall consult regularly
with the Congress until United States Armed Forces are no longer engaged in
hostilities or have been removed from such situations.
REPORTING
SEC. 4. (a) In the absence of a declaration of war, in any case in which United
States Armed Forces are introduced--
(1) into hostilities or into situations where imminent involvement
in hostilities is clearly indicated by the circumstances;
(2) into the territory, airspace or waters of a foreign nation, while equipped
for combat, except for deployments which relate solely to supply, replacement,
repair, or training of such forces; or
(3) in numbers which substantially enlarge United States Armed Forces equipped
for combat already located in a foreign nation; the president shall submit
within 48 hours to the Speaker of the House of Representatives and to the
President pro tempore of the Senate a report, in writing, setting forth--
(A) the circumstances necessitating the introduction of United States Armed
Forces;
(B) the constitutional and legislative authority under which such introduction
took place; and
(C) the estimated scope and duration of the hostilities or involvement.
(b) The President shall provide such other information as the Congress may request in the fulfillment of its constitutional responsibilities with respect to committing the Nation to war and to the use of United States Armed Forces abroad
(c) Whenever United
States Armed Forces are introduced into hostilities or into any situation
described in subsection (a) of this section, the President shall, so long as
such armed forces continue to be engaged in such hostilities or situation,
report to the Congress periodically on the status of such hostilities or
situation as well as on the scope and duration of such hostilities or situation,
but in no event shall he report to the Congress less often than once every six
months.
CONGRESSIONAL ACTION
SEC. 5. (a) Each report submitted pursuant to section 4(a)(1) shall
be transmitted to the Speaker of the House of Representatives and to
the President pro tempore of the Senate on the same calendar day. Each report
so transmitted shall be referred to the Committee on Foreign Affairs of the
House of Representatives and to the Committee on Foreign Relations of the Senate
for appropriate action. If, when the report is transmitted, the Congress
has adjourned sine die or has adjourned for any period in excess of three
calendar days, the Speaker of the House of Representatives and the President pro
tempore of the Senate, if they deem it advisable (or if petitioned by at least
30 percent of the membership of their respective Houses) shall jointly
request the President to convene Congress in order that it may consider the
report and take appropriate action pursuant to this section.
(b) Within sixty calendar days after a report is submitted or is required to be submitted pursuant to section 4(a)(1), whichever is earlier, the President shall terminate any use of United States Armed Forces with respect to which such report was submitted (or required to be submitted), unless the Congress (1) has declared war or has enacted a specific authorization for such use of United States Armed Forces, (2) has extended by law such sixty-day period, or (3) is physically unable to meet as a result of an armed attack upon the United States. Such sixty-day period shall be extended for not more than an additional thirty days if the President determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces.
(c) Notwithstanding subsection (b), at any time that United States Armed Forces are engaged in hostilities outside the territory of the United States, its possessions and territories without a declaration of war or specific statutory authorization, such forces shall be removed by the President if the Congress so directs by concurrent resolution.
CONGRESSIONAL PRIORITY
PROCEDURES FOR JOINT RESOLUTION OR BILL
SEC. 6. (a) Any joint resolution or bill introduced pursuant to section 5(b) at
least thirty calendar days before the expiration of the sixty-day period
specified in such section shall be referred to the Committee on Foreign Affairs
of the House of Representatives or the Committee on Foreign Relations of the
Senate, as the case may be, and such committee shall report one such joint
resolution or bill, together with its recommendations, not later
than twenty-four calendar days before the expiration of the sixty-day
period specified in such section, unless such House shall otherwise determine by
the yeas and nays.
(b) Any joint resolution or bill so reported shall become the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the opponents), and shall be voted on within three calendar days thereafter, unless such House shall otherwise determine by yeas and nays.
(c) Such a joint resolution or bill passed by one House shall be referred to the committee of the other House named in subsection (a) and shall be reported out not later than fourteen calendar days before the expiration of the sixty-day period specified in section 5(b). The joint resolution or bill so reported shall become the pending business of the House in question and shall be voted on within three calendar days after it has been reported, unless such House shall otherwise determine by yeas and nays.
(d) In the case of any disagreement between the two Houses of Congress with respect to a joint resolution or bill passed by both Houses, conferees shall be promptly appointed and the committee of conference shall make and file a report with respect to such resolution or bill not later than four calendar days before the expiration of the sixty-day period specified in section 5(b). In the event the conferees are unable to agree within 48 hours, they shall report back to their respective Houses in disagreement. Notwithstanding any rule in either House concerning the printing of conference reports in the Record or concerning any delay in the consideration of such reports, such report shall be acted on by both Houses not later than the expiration of such sixty-day period.
CONGRESSIONAL PRIORITY
PROCEDURES FOR CONCURRENT RESOLUTION
SEC. 7. (a) Any concurrent resolution introduced pursuant to section 5(b) at
least thirty calendar days before the expiration of the sixty-day
period specified in such section shall be referred to the Committee on
Foreign Affairs of the House of Representatives or the Committee on Foreign
Relations of the Senate, as the case may be, and one such concurrent resolution
shall be reported out by such committee together with its recommendations
within fifteen calendar days, unless such House shall otherwise determine by the
yeas and nays.
(b) Any concurrent resolution so reported shall become the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the opponents), and shall be voted on within three calendar days thereafter, unless such House shall otherwise determine by yeas and nays.
(c) Such a concurrent resolution passed by one House shall be referred to the committee of the other House named in subsection (a) and shall be reported out by such committee together with its recommendations within fifteen calendar days and shall thereupon become the pending business of such House and shall be voted on within three calendar days after it has been reported, unless such House shall otherwise determine by yeas and nays.
(d) In the case of any
disagreement between the two Houses of Congress with respect to a concurrent
resolution passed by both Houses, conferees shall be promptly appointed and the
committee of conference shall make and file a report with respect to such
concurrent resolution within six calendar days after the legislation is referred
to the committee of conference.
Notwithstanding any rule in either House concerning the printing of
conference reports in the Record or concerning any delay in the consideration of
such reports, such report shall be acted on by both Houses not later than
six calendar days after the conference report is filed. In the event
the conferees are unable to agree within 48 hours, they shall report back to
their respective Houses in disagreement.
INTERPRETATION OF JOINT RESOLUTION
SEC. 8. (a) Authority to introduce United States Armed Forces into hostilities
or into situations wherein involvement in hostilities is clearly indicated by
the circumstances shall not be inferred--
(1) from any provision of law (whether or not in effect before the date of the
enactment of this joint resolution), including any provision contained in any
appropriation Act, unless such provision specifically authorizes
the introduction of United States Armed Forces into hostilities or into
such situations and stating that it is intended to constitute specific
statutory authorization within the meaning of this joint resolution; or
(2) from any treaty heretofore or hereafter ratified unless such treaty is
implemented by legislation specifically authorizing the introduction of United
States Armed Forces into hostilities or into such situations and stating that it
is intended to constitute specific statutory authorization within the meaning of
this joint resolution.
(b) Nothing in this joint resolution shall be construed to require any further specific statutory authorization to permit members of United States Armed Forces to participate jointly with members of the armed forces of one or more foreign countries in the headquarters operations of high-level military commands which were established prior to the date of enactment of this joint resolution and pursuant to the United Nations Charter or any treaty ratified by the United States prior to such date.
(c) For purposes of this joint resolution, the term "introduction of United States Armed Forces" includes the assignment of member of such armed forces to command, coordinate, participate in the movement of, or accompany the regular or irregular military forces of any foreign country or government when such military forces are engaged, or there exists an imminent threat that such forces will become engaged, in hostilities.
(d) Nothing in this joint
resolution--
(1) is intended to alter the constitutional authority of the Congress or of the
President, or the provision of existing treaties; or (2) shall be construed as
granting any authority to the President with respect to the introduction of
United States Armed Forces into hostilities or into situations wherein
involvement in hostilities is clearly indicated by the circumstances which
authority he would not have had in the absence of this joint resolution.
SEPARABILITY CLAUSE
SEC. 9. If any provision of this joint resolution or the application thereof to
any person or circumstance is held invalid, the remainder of the joint
resolution and the application of such provision to any other person
or circumstance shall not be affected thereby.
EFFECTIVE DATE
SEC. 10. This joint resolution shall take effect on the date of its enactment.
CARL ALBERT
Speaker of the House of Representatives.
JAMES O. EASTLAND
President of the Senate pro tempore.
IN THE HOUSE OF REPRESENTATIVES, U.S.,
November 7, 1973.
The House of Representatives having proceeded to reconsider the resolution (H.
J. Res 542) entitled "Joint resolution concerning the war powers of Congress and
the President", returned by the President of the United States with his
objections, to the House of Representatives, in which it originated, it was
Resolved, That the said resolution pass, two-thirds of the House
of Representatives agreeing to pass the same.
Attest:
W. PAT JENNINGS
Clerk.
I certify that this Joint Resolution originated in the House of Representatives.
W. PAT JENNINGS
Clerk.
IN THE SENATE OF THE UNITED STATES
November 7, 1973
The Senate having proceeded to reconsider the joint resolution (H. J.
Res. 542) entitled "Joint resolution concerning the war powers of Congress
and the President", returned by the President of the United States with his
objections to the House of Representatives, in which it originate, it was
Resolved, That the said joint resolution pass, two-thirds of the
Senators present having voted in the affirmative.
Attest:
FRANCIS R. VALEO
Secretary.
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